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HomeMy WebLinkAboutOctober 19, 2005 MINUTES of the 14th meeting of the Committee of Adjustment held in the Main Committee Room of the Pickering Civic Complex on Wednesday, October 19, 2005 and convened at 7:05 p.m. PRESENT: Marie Billinger Chris Braney David Johnson Eric Newton - Chair Bill Utton ALSO PRESENT: Ross Pym, Secretary-Treasurer Jean Finn, Clerk, Support Services ABSENT: Lesley Dunne, Assistant Secretary-Treasurer 1. MATTERS ARISING FROM THE MINUTES There were no matters arising from the minutes. 2. ADOPTION OF MINUTES MOTION: Moved by, Bill Utton, seconded by Marie Billinger That the minutes of the 13th meeting of the Committee of Adjustment held Wednesday, September 28,2005, be adopted. CARRIED UNANIMOUSLY 3. ADOPTION OF AGENDA MOTION: Moved by David Johnson, seconded by Marie Billinger That the agenda for the Wednesday, October 19, 2005 meeting be amended to move item #6 as the first application for consideration. CARRIED UNANIMOUSLY 80 4. PICA 54/05 -1291553 Ontario Limited 1128 Kingston Road (Lot 4, Plan 489) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 4057/92, to permit a second storey addition to the existing building providing a total gross floor area of 356 square metres for the operation of a marketing and fundraising business, whereas the By-law only permits a professional office-lawyer which has been varied to permit a professional office-marketing and fundraising business having a maximum gross floor area of 186 square metres. The applicant requests approval of these variances in order to obtain a building permit to construct the second storey addition to the existing dwelling on the subject property. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor, Economic Development, and the City's Fire Prevention Officer, all expressing no concerns. Written comments were also received from the Region of Durham Health Department expressing no concerns. Robert Wyers, owner, was present to represent the application. No further representation was present in favour of or in objection to the application. MOTION: Moved by Chris Braney, seconded by Bill Utton That application PICA 54/05 by, 1291553 Ontario Limited be APPROVED on the grounds that proposed increase in gross floor area of 356 square metres for the professional office-marketing and fundraising business are minor variances that are desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the owner receive site plan approval and obtain a building permit for the proposed second storey addition within two years of the date of this decision, or this decision shall become null and void. 2. That these variances apply only to the existing building as generally sited and outlined on the applicant's submitted plan with this application. 3. That only one permitted professional office use operate at anyone time on the subject property. 4. That the professional office-marketing and fundraising business be limited to a maximum gross floor area of 356 square metres. CARRIED UNANIMOUSLY 81 5. (Tabled at the September 28, 2005 meeting) PICA 52/05 - REVISED Sandy Davidson 1889 Malden Crescent Part of Lot 591, 40M-1039 Parts 2 & 6, 40R-3292 City of Pickering MOTION: Moved by Marie Billinger, seconded by Bill Utton That PICA 52/05, by Sandy Davidson be lifted from the table. CARRIED UNANIMOUSLY The applicant has amended the application and requests relief from Zoning By-law 3036, as amended by By-laws 4402/73 and 843178 to permit the establishment of a minimum 0.5 metre east side yard width to be provided by the proposed sunroom addition, whereas the by-law requires a minimum side yard width of 1.2 metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed sunroom addition to the rear of the existing dwelling. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Correspondence from Building Services noted the need for compliance with the Building Code. Correspondence was received from Lorraine & Steve Woolstencroft of 1887 Malden Crescent both in objection to the application. Sandy Davidson, owner, was present to represent the application. Lorraine & Steve Woolstencroft of 1887 Malden Crescent were present in objection to the application. In response to questions from the Committee, neither the owner, Sandy Davidson or the neighbours, Lorraine & Steve Woolstencroft had any new comments on the application. MOTION: Moved by Bill Utton, seconded by Chris Braney That application PICA 52/05 by Sandy Davidson, be REFUSED on the grounds that the proposed 0.5 of a metre east side yard width to be provided by the proposed sunroom addition is a major variance that is not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Zoning By-law. CARRIED UNANIMOUSLY 82 6. PICA 53/05 - Louisville Homes Limited 1757, 1763 and 1765 Fairport Road (Lots 119, 120 and 121, Plan 1051) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 6560105, to permit a maximum lot coverage of 40 percent whereas the by-law requires a maximum lot coverage of 38 percent. The applicant requests approval of this variance to obtain a building permit for the construction of a two-storey dwelling on proposed Lot 6 of Draft Plan of Subdivision SP-2004-04. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Written comments were also received from Councillor Doug Dickerson in support of the application. Christine & Nick Lazaridis, agents, were present to represent the application. Roger Delledonne of 556 Rainy Day Drive was present in favour of the application. Christine Lazaridis outlined and presented reasons to support the application. Christine Lazaridis recognizes that the by-law has been recently adopted. In response to a question from David Johnson, Christine Lazaridis explained no other applications of this nature will be brought forward to the Committee and that eleven out of eighteen homes are sold. She added that the covered porches will enhance the streetscape. Roger Delledonne indicated that he is the purchaser of the home, a long-term resident of Pickering and supports the application. Correspondence received from Councillor Dickerson stated he concurs with homes that have front porches as they will enhance the look and safety of the surrounding neighbourhood. MOTION: Moved by Marie Billinger, seconded by Chris Braney That application PICA 53/05 by Louisville Homes Limited, be APPROVED on the grounds that the increase in maximum lot coverage of 40 percent is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and Zoning By- law, subject to the following conditions: 1. That this variance apply only to the proposed two-storey detached dwelling, as generally sited and outlined on the applicant's submitted plans with this application. 83 2. That the applicant receives final approval and registration for the associated Draft Plan of Subdivision or this decision shall become null and void. 3. That the applicant obtain a building permit and construct the two-storey detached dwelling within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 7. PICA 55/05 - Pickering Auto Body 1968 Notion Road (North Part of Lot 17, Concession 1) City of Pickering The applicant requests relief from Zoning By-law 3036, as amended by By-law 5940102 to permit a minimum of 11 parking spaces and a minimum parking setback of 1.6 metres from Notion Road, whereas the by-law requires a minimum of 28 parking spaces and a minimum parking setback of 3.0 metres from Notion Road. The applicant requests approval of these variances in order to obtain site plan approval and a building permit to construct two one-storey additions onto an existing auto body shop. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Written comments were also received from Toronto and Region Conservation stating that TRCA staff do not object to the minor variance application, subject to the applicant successfully obtaining an Ontario Regulation 158 permit prior to the issuance of municipal building permit. Zaheer Beg, agent, was present to represent the application. Mary Louise & Peter Huebner of 1964 Notion Road were present in objection to the application. Zaheer Beg advised the application is being revised as the site design has changed and the requested variance will also change. MOTION: Moved by Bill Utton, seconded by Chris Braney That application PICA 55/05 by, Pickering Auto Body be TABLED until the next scheduled meeting of November 9, 2005 to give the applicant the opportunity to amend the application. CARRIED Vote Marie Billinger Chris Braney David Johnson Eric Newton Bill Utton in favour in favour opposed in favour in favour 84 8. PICA 56/05 - Council of Islamic Guidance Inc. 510 Third Concession Road South Part of Lot 30, Concession 3 Part 1, 40R-5313 City of Pickering The applicant requests relief from Zoning By-law 3037, as amended by By-laws 2675/88 and 4354/93 to permit the establishment of a maximum gross floor area of 625 square metres, whereas the by-law requires a maximum gross floor area of 500 square metres. The applicant requests approval of this variance in order to obtain a building permit for the proposed vestibule additions. The Secretary-Treasurer outlined comments received from the City of Pickering Planning & Development Department. Written comments were also received from the City's Development Control Supervisor and the City's Fire Prevention Officer, both expressing no concerns. Written comments were received from Councillor Rick Johnson in support of the application. Zaheer Beg, agent, was present to represent the application. Ahsan Butt, of the Council of Islamic Guidance Inc. was present in favour of the application. No further representation was present in favour of or in objection to the application. Zaheer Beg provided the Committee with an explanation of the application. MOTION: Moved by David Johnson, seconded by Marie Billinger That application PICA 56/05 by, Council of Islamic Guidance Inc. be APPROVED on the grounds that the proposed maximum gross floor area of 625 square metres on the subject property is a minor variance that is desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed vestibule additions, as generally sited and outlined on the applicant's submitted plans with this application. 2. That the applicant obtain a building permit and construct the proposed vestibule additions within two years of the date of this decision, or this decision shall become null and void. CARRIED UNANIMOUSLY 85 9. ADJOURNMENT MOTION: Moved by Bill Utton, seconded by Marie Billinger That the 14th meeting of the Committee of Adjustment be adjourned at 7:50 p.m. and the next meeting of the Committee of Adjustment be held on Wednesday, November 9,2005. CARRIED UNANIMOUSLY /I~ ¿}žl#~ -2604 Date '1 ~~h~_~ Chairman L~ Assistant Secretary-Treasurer 86